Revises provisions governing incompetent criminal defendants. (BDR 14-1120)

Existing law provides that if a court dismisses the proceedings against a defendant who is charged with any category A felony or certain category B felonies because the court finds that the defendant is incompetent with no substantial probability of attaining competence in the foreseeable future, the prosecuting attorney is authorized to file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 178.461) Section 1.5 of this bill limits this authority by allowing the prosecuting attorney to file such a motion only if the person was previously ordered to receive treatment to competency in an attempt to cause the person to attain competency to stand trial or receive pronouncement of judgment for a felony charge that was dismissed. Section 1.5 also requires the prosecuting attorney to serve the motion upon the Division. Existing law requires a prosecuting attorney who files a motion for a hearing to determine whether to commit a person to the custody of the Administrator to request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. (NRS 178.461) Section 1.5 instead requires the prosecuting attorney to include a request for an order directing the Division to complete a comprehensive risk assessment in the motion for a hearing. Section 1.5 also requires the court to issue an order directing the Division to complete a comprehensive risk assessment not later than 5 judicial days after the date on which the motion is filed. Existing law authorizes the Division or a person committed to the custody of the Administrator of the Division to petition the committing court for conditional release. If a person is granted conditional release, the court is required to: (1) periodically review the eligibility of the person for discharge from conditional release; and (2) discharge the person from conditional release if, upon review, the court finds by clear and convincing evidence that the person no longer poses a danger to himself or herself or others. (NRS 178.463) Section 2 of this bill provides that when a person is discharged from conditional release, the State and any of its agents or employees are not liable for: (1) any debts, contractual obligations or medical expenses incurred by the person; or (2) any damages caused by the actions of the person.